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[AS AMENDED IN PUBLIC BILL COMMITTEE] |
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Make provision about the provision of probation services, prisons and other |
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matters relating to the management of offenders; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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New arrangements for the provision of probation services |
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1 | Meaning of “the probation purposes” |
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(1) | In this Part “the probation purposes” means the purposes of providing for— |
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(a) | courts to be given assistance in determining the appropriate sentences |
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to pass, and making other decisions, in respect of persons charged with |
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or convicted of offences; |
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(b) | authorised persons to be given assistance in determining whether |
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conditional cautions should be given and which conditions to attach to |
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(c) | the supervision and rehabilitation of persons charged with or convicted |
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(d) | the giving of assistance to persons remanded on bail; |
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(e) | the supervision and rehabilitation of persons to whom conditional |
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(f) | the giving of information to victims of persons charged with or |
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(2) | The purpose set out in subsection (1)(c) includes (in particular)— |
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(a) | giving effect to community orders and suspended sentence orders (or, |
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in the case of persons mentioned in subsection (3), any corresponding |
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sentence which is to be carried out in England and Wales); |
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(b) | assisting in the rehabilitation of offenders who are being held in prison; |
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(c) | supervising persons released from prison on licence; |
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(d) | providing accommodation in approved premises. |
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(3) | That purpose also applies in relation to persons who— |
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(a) | are convicted of an offence under the law of a country outside England |
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(b) | receive a sentence which is to any extent to be served or carried out in |
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| as it applies in relation to persons convicted of offences. |
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(a) | “authorised person” and “conditional caution” have the same meaning |
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as in Part 3 of the Criminal Justice Act 2003 (c. 44); |
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(b) | “community order” means— |
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(i) | a community order within the meaning of the Criminal Justice |
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Act 2003 (see section 177 of that Act); |
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(ii) | a community order within the meaning of the Powers of |
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Criminal Courts (Sentencing) Act 2000 (c. 6) (as it applies to |
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offences committed before 4th April 2005); |
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(c) | “suspended sentence order” has the same meaning as in the Criminal |
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Justice Act 2003 (see section 189 of that Act); and |
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(d) | “victim” includes a person claiming to be a victim of a person charged |
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with or convicted of an offence. |
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(5) | Regulations made by the Secretary of State may extend the purposes |
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mentioned in subsection (1) to include other purposes relating to persons |
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charged with or convicted of offences or persons to whom conditional cautions |
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Functions of the Secretary of State |
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2 | Responsibility for ensuring the provision of probation services |
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(1) | It is the function of the Secretary of State to ensure that sufficient provision is |
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made throughout England and Wales— |
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(a) | for the probation purposes; |
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(b) | for enabling functions conferred by any enactment (whenever passed |
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or made) on providers of probation services, or on officers of a provider |
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of probation services, to be performed; and |
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(c) | for the performance of any function of the Secretary of State which is |
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expressed to be a function to which this section applies; |
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| and any provision which the Secretary of State considers should be made for a |
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purpose mentioned above is referred to in this Part as “probation provision”. |
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(2) | The Secretary of State shall discharge his function under subsection (1) in |
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relation to any probation provision by making and carrying out arrangements |
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(3) | The Secretary of State is not required by subsections (1) and (2) to take any |
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action in relation to the making of provision for a purpose mentioned in |
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subsection (1) if it appears to him that appropriate provision is being or will be |
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made by any person acting otherwise than in pursuance of arrangements |
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(4) | The Secretary of State shall at least once in every year consult such persons as |
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he thinks fit about the provision that should be made for the following year for |
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the purposes mentioned in subsection (1). |
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“enactment” includes subordinate legislation (within the meaning of the |
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Interpretation Act 1978 (c. 30)); and |
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“year” means a period of 12 months ending with 31st March. |
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3 | Power to make arrangements for the provision of probation services |
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(1) | This section applies to any probation provision which the Secretary of State |
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considers ought to be made for any of the purposes mentioned in section 2(1). |
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(2) | The Secretary of State may make contractual or other arrangements with any |
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other person for the making of the probation provision. |
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(3) | Arrangements under subsection (2) may in particular authorise or require that |
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(a) | to co-operate with other providers of probation services or persons |
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who are concerned with the prevention or reduction of crime or with |
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giving assistance to the victims of crime; |
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(b) | to designate individuals as officers of a provider of probation services; |
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(c) | to make contractual or other arrangements with third parties for |
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purposes connected with the probation provision to be made, |
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including in particular contractual or other arrangements— |
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(i) | for provision to be made, or for activities to be carried out, by |
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third parties on behalf of that other person; or |
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(ii) | for individuals who are not members of that other person’s staff |
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to act as officers of a provider of probation services. |
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(4) | If instead of making arrangements under subsection (2) the Secretary of State |
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considers it appropriate to make any probation provision himself, he may |
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make arrangements for the making of that provision through members of his |
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staff (which may in particular include prison officers or other persons |
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employed at a prison) acting on his behalf. |
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(5) | In this Part “provider of probation services” means— |
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(a) | in relation to probation provision which is the subject of arrangements |
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under subsection (2), the person with whom the Secretary of State |
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makes those arrangements; or |
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(b) | in relation to probation provision which is the subject of arrangements |
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under subsection (4), the Secretary of State. |
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4 | Power to establish probation trusts |
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(1) | The Secretary of State may by order— |
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(a) | establish a probation trust for purposes specified in the order; |
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(b) | alter the name or purposes of a probation trust; |
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(c) | dissolve a probation trust. |
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(2) | The purposes of a probation trust must consist of or include the making or |
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performance by the trust of contracts with the Secretary of State under section |
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(3) | The purposes of a probation trust may include all or any of the following |
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(a) | the making or performance by the trust of contracts with another |
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probation trust or any other person which provide for the carrying out |
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by the trust of activities which contribute to the achievement of any |
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purpose mentioned in section 2(1); |
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(b) | the making or performance by the trust of contracts with the Secretary |
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of State for the carrying out by the trust of activities anywhere in the |
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(i) | are to be carried out in connection with persons who are or have |
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been subject to proceedings in service courts; and |
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(ii) | correspond to activities which, if carried out in connection with |
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persons charged with or convicted of offences, would |
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contribute to the achievement of any purpose mentioned in |
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(c) | any other purpose specified for the purposes of this section by |
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regulations made by the Secretary of State. |
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(4) | A purpose specified for a probation trust under subsection (1)(a) may be |
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expressed in more specific terms than those used in subsection (2) or (3)(a) or |
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(b) or in regulations under subsection (3)(c). |
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(5) | A purpose so specified which relates to the making or performance of contracts |
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includes the carrying out of any activities relating to a contract of a relevant |
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kind (including activities taking place before it is made or after it is |
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(6) | An order establishing a probation trust may be amended or revoked by a |
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subsequent order under this section. |
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(7) | An order under this section may include incidental or supplemental provision. |
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(8) | Schedule 1 (which contains other provision relating to probation trusts) has |
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5 | Power to make grants for probation purposes etc |
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(1) | The Secretary of State may make payments (other than payments falling to be |
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made in pursuance of arrangements under section 3(2))— |
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(a) | to a probation trust; or |
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(b) | towards expenditure incurred by any other person for any purpose |
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falling within the probation purposes. |
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(2) | Payments under this section may be made on conditions (which may require |
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repayment in specified circumstances). |
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